Welcome to the official terms and conditions for Nukeproof® Bikes, Pedals, Full Suspension Bikes, and Mountain Bikes. This comprehensive document outlines the rules, guidelines, and legal framework governing your use of our website (nukeproofco.com) and your relationship with our brand. We recommend reading these terms thoroughly to ensure you understand your rights and responsibilities when engaging with Nukeproof® products and services.
1. Introduction
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (the “User,” “Customer,” or “You”) and Nukeproof® (“Nukeproof,” “We,” “Us,” or “Our”), governing your access to and use of nukeproofco.com (the “Website”), as well as the purchase, use, and warranty of our high-performance mountain bikes, components, and related products.
Nukeproof® is renowned for producing high-performance mountain bikes designed for serious riders. With our strong focus on engineering excellence and innovative design, we offer a wide range of products from downhill to enduro and trail models. Our commitment to quality and performance is reflected in our close collaboration with professional athletes, ensuring our products are tested in the toughest conditions.
By accessing our Website or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Website or purchasing our products.
2. Website Use
2.1 Account Registration
To access certain features of our Website or to make purchases, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.2 Prohibited Activities
When using our Website, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of Nukeproof® or any third party
- Distribute malicious software or engage in activities that could damage, disable, or impair our Website
- Collect or harvest user data without explicit permission
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
- Attempt to gain unauthorized access to our Website, user accounts, or computer systems
- Use our Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website
2.3 Content and Intellectual Property
All content on our Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Nukeproof® or our content suppliers and is protected by international copyright, trademark, and other intellectual property laws.
You may access, use, and display the Website on a single computer or device and download and print copies of content for your personal, non-commercial use only. You may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purposes without our express written permission.
3. Product Information
3.1 Product Descriptions
We strive to provide accurate descriptions of our products. However, we do not warrant that product descriptions or other content on our Website are completely accurate, complete, reliable, current, or error-free. Product specifications, including but not limited to weight, dimensions, and performance characteristics, may vary slightly from those displayed on our Website.
3.2 Colors and Appearance
We make every effort to display the colors and appearance of our products as accurately as possible. However, the actual colors and appearance you see depend on your monitor, and we cannot guarantee that your monitor’s display accurately reflects the actual color and appearance of our products.
3.3 Availability and Pricing
All products displayed on our Website are subject to availability. Prices for our products are subject to change without notice. We reserve the right to discontinue any product at any time. We also reserve the right to limit quantities of any product purchased by a single customer.
4. Orders and Payments
4.1 Order Acceptance
Your order represents an offer to purchase a product, which is accepted by us when we send a confirmation email. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
4.2 Payment Methods
We accept various payment methods as indicated on our Website. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.
4.3 Pricing and Tax
All prices are displayed in the currency indicated on our Website and do not include taxes, shipping, or handling unless explicitly stated. Applicable taxes, shipping, and handling charges will be added to your total order amount and displayed before you confirm your purchase.
4.4 Special Offers and Promotions
From time to time, we may offer special deals, discounts, or promotions. These offers may be subject to additional terms and conditions, which will be communicated alongside the offer. We reserve the right to modify or withdraw any special offer at any time without prior notice.
5. Shipping and Delivery
5.1 Shipping Options
We offer various shipping options, which are displayed during the checkout process. Shipping costs depend on the destination, selected shipping method, and the products ordered.
5.2 Delivery Times
Estimated delivery times are provided on our Website or during the checkout process. These are estimates only and not guaranteed delivery dates. Delays may occur due to customs clearance, adverse weather conditions, or other unforeseen circumstances beyond our control.
5.3 International Shipping
For international orders, you are responsible for all duties, taxes, and customs fees imposed by your country. These charges are not included in the purchase price or shipping costs displayed on our Website.
5.4 Risk of Loss
The risk of loss and title for items purchased from our Website pass to you upon delivery of the items to the carrier.
6. Returns and Refunds
6.1 Return Policy
We accept returns of unused products in their original packaging within 30 days of delivery. Certain products, such as custom-built bikes or personalized items, may not be eligible for return unless they are defective.
6.2 Return Process
To initiate a return, contact our customer service team through the contact information provided on our Website. You will receive instructions on how to return the product, including any return shipping labels if applicable.
6.3 Refunds
Refunds for returned products will be processed within 14 business days of receiving the returned item. Refunds will be issued to the original payment method used for the purchase. Shipping and handling charges are non-refundable unless the return is due to our error or a defective product.
6.4 Damaged or Defective Products
If you receive a damaged or defective product, please contact our customer service team immediately. We may request photographs of the damage or defect before authorizing a return or replacement.
7. Warranties and Liability
7.1 Product Warranties
Nukeproof® Bikes, Pedals, Full Suspension Bikes, and Mountain Bikes come with limited warranties as specified in our Warranty Policy, which can be found on our Website. These warranties give you specific legal rights, and you may also have other rights that vary by jurisdiction.
7.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN OUR WARRANTY POLICY, OUR PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NUKEPROOF® SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
7.4 Inherent Risks
Mountain biking and cycling activities involve inherent risks and hazards that can result in serious injury or death. By purchasing and using our products, you acknowledge and accept these risks. You are responsible for ensuring that you have the necessary skills, experience, and physical condition to safely use our products. Always wear appropriate safety gear, including a helmet, and ride within your abilities.
8. Privacy Policy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. By using our Website or purchasing our products, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
9. User-Generated Content
9.1 Submissions
If you submit reviews, comments, feedback, or other content to our Website (“User Content”), you grant Nukeproof® a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
9.2 Prohibited Content
You agree not to submit User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right
- Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Impersonates any person or entity or misrepresents your affiliation with a person or entity
- Contains advertisements or solicitations without our express consent
We reserve the right to remove any User Content at our sole discretion.
10. Product Safety and Compliance
10.1 Safety Warnings
Our products are designed for specific riding disciplines and conditions. Using a product outside its intended purpose may be dangerous and could void your warranty. Always refer to the product documentation for proper use, maintenance, and safety information.
10.2 Modifications
Modifying our products may compromise their safety and performance. We do not recommend or support modifications that alter the intended design or function of our products. Any modification may void your warranty and could create a safety hazard.
10.3 Compliance with Local Laws
You are responsible for ensuring that your use of our products complies with all applicable local laws and regulations, including traffic laws, trail access rules, and helmet requirements.
11. Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Nukeproof® is headquartered, without regard to its conflict of law provisions.
11.2 Arbitration
Any dispute arising out of or relating to these Terms or your use of our Website or products shall be resolved through binding arbitration in accordance with the rules of the arbitration association in our jurisdiction. The arbitration shall take place in our jurisdiction, and the arbitration proceedings shall be conducted in English.
11.3 Class Action Waiver
YOU AND NUKEPROOF® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4 Exceptions
Notwithstanding the foregoing, you and Nukeproof® may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
12. Changes to Terms
We reserve the right to update or modify these Terms at any time without prior notice. The most current version will be posted on our Website with the effective date. Your continued use of our Website or products after any changes to these Terms constitutes your acceptance of the revised Terms.
13. Termination
We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Website will immediately cease.
14. Miscellaneous
14.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect.
14.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
14.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
14.4 Entire Agreement
These Terms, including our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Nukeproof® regarding your use of our Website and products.
15. Promotional and Marketing Materials
Any promotional or marketing materials provided by Nukeproof®, whether in digital or physical form, are intended for informational purposes only and do not constitute binding offers. All images, descriptions, and specifications in such materials are subject to change without notice.
